Lowman v. City of Asheville

49 S.E.2d 408, 229 N.C. 247, 1948 N.C. LEXIS 457

Opinion

Denny, J.

Ordinarily whether or not the trial judge grants a motion to make a pleading more definite, as provided in G. S., 1-153, is within his discretion. And where there is nothing on the record, as in the instant case, to indicate the motion was denied as a matter of law, it will be presumed the judge denied it in his discretion. Brown v. Hall, 226 N. C., 732, 40 S.E. (2d), 412; Cody v. Hovey, 219 N. C., 369, 14 S. E. (2d), 30; Wolf v. Goldstein, 192 N. C., 818, 135 S. E., 39; Hensley v. Furniture Co., 164 N. C., 148, 80 S. E., 154. It would seem the motion had some merit, but such orders entered in the discretion of the trial judge are not reviewable upon appeal. Cody v. Iiovey, supra: Brown v. Hall, supra. Even so, we know of no reason wiry the defendant, if it so desires, may not apply for a bill of particulars, as provided in G. S., 1-150. Building Co. v. Jones, 227 N. C., 282, 41 S. E. (2d), 747; Lucas v. Railway Co., 121 N. C., 506, 28 S. E., 265.

The judgment below is

Affirmed.